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(영문) 수원지방법원 성남지원 2020.01.22 2019고정146

업무상횡령

Text

Defendants shall be punished by a fine of KRW 2,500,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

A is the representative director of the Dispute Resolution Co., Ltd, which mainly engages in the collection and transportation of large and domestic waste, and Defendant B is the relative of D's executive officers of the Dispute Resolution Co., Ltd.

Defendant

A around July 1, 2014, at the office of Jung-gu, Chungcheongnam-gu, Seoul Special Metropolitan City E-gu, a contract contract for the employment of Defendant B (from July 1, 2014 to December 31, 2014) was prepared and managed by Defendant B as if Defendant B is a regular contract worker of the dispute resolution committee.

In addition, Defendant A managed the wage ledger of Defendant B, which is not working in the Dispute Resolution Co., Ltd., and deposited KRW 916,590 as the company’s capital in the office of the representative director, in the account of the company in the office of the representative director on August 11, 2018, and deposited KRW 916,590 in the account of the bank in the name of salary around August 11, 2018, Defendant A used the total amount of KRW 5,49,540 as the same account until January 9, 2015, as specified in the following crime sight table.

Summary of Evidence

1. Each legal statement of the witness F, G, H, I, and J;

1. Employment contracts;

1. The defendant asserts that there was no intention to acquire illegal profits since he paid more money than monthly wages to the defendant B, who is an employee, and used it as a bonus to compensate the employee's benefits. However, the witness's decision that is an employee or employee C, made a statement with the same agreement that the defendant B had no intention to obtain profits (the witness D's statement is a form of punishment relationship with the defendant B and is contrary to the other witness's statement and thus, cannot be trusted because it is contrary to the witness's statement.

() While Defendant B’s business is indicated as “Seoul Metropolitan Area Reclamation”, the Defendants’ statements are inconsistent with the contents of the labor contract, such as stating that they performed electrical construction work, and there is no reasonable ground or acceptable circumstance to provide bonuses in the above-mentioned manner (the Defendants shall make a resolution by the board of directors).